StacksVerified U.S. regulatory reference

43 CFR §404.44

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
In reviewing an appraisal investigation, Reclamation will apply the following criteria to determine whether at least one of the alternatives identified is appropriate for further analysis through a feasibility study, or whether the investigation should be terminated without conducting a feasibility study, including:
  1. (a)Whether a reasonable range of alternatives (structural or non-structural) have been formulated and evaluated;
  2. (b)Whether the recommendation for further study of one or more alternatives is clearly supported by the analysis in the appraisal investigation; and
  3. (c)For each alternative considered in the investigation, whether the alternative:
    1. (1)Identifies viable water supplies and water rights sufficient to supply the proposed service area, including all practicable water sources such as lower quality waters, non-potable waters, and water-reuse-based water supplies;
    2. (2)Has a positive effect on public and health and safety;
    3. (3)Will meet water demand, including projected future needs;
    4. (4)Provides environmental benefits, including source water protection;
    5. (5)Applies a regional or watershed perspective and promotes benefits in the region in which the project is carried out;
    6. (6)Implements an integrated water resources management approach;
    7. (7)Enhances water management flexibility, including providing for local control of water supplies and, where applicable, encouraging participation in water banking and markets;
    8. (8)Promotes long-term protection of water supplies;
    9. (9)Includes preliminary cost estimates that are reasonable and supported;
    10. (10)Is cost-effective and generates national net economic benefits as required under the Principles and Guidelines (incorporated by reference at § 404.4);
    11. (11)For each alternative proposed for further evaluation in a feasibility study, whether the project sponsor has the capability to pay 100 percent of the costs associated with the operation, maintenance, and replacement of the facilities constructed or developed; and
    12. (12)Other factors that Reclamation deems appropriate.